Loading...
Recap 08/08/2023 RCOLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 August 08, 2023 9:00 AM Commissioner Rick LoCastro, District 1; — Chair Commissioner Chris Hall, District 2; — Vice Chair Commissioner Burt Saunders, District 3 Commissioner Dan Kowal, District 4; — CRAB Co -Chair Commissioner William L. McDaniel, Jr., District 5; — CRAB Co -Chair NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. ADDITIONAL MINUTES MAY BE CEDED TO AN IN -PERSON SPEAKER BY OTHER REGISTERED SPEAKERS WHO MUST BE PRESENT AT THE TIME THE SPEAKER IS HEARD. NO PUBLIC SPEAKERS WILL BE HEARD FOR PROCLAMATIONS, PRESENTATIONS AND PUBLIC PETITIONS. SPEAKERS ON PRESENTATIONS ARE LIMITED TO 10 MINUTES, UNLESS EXTENDED BY THE CHAIRMAN. ALL PERSONS WISHING TO SPEAK ON A CONSENT ITEM MUST REGISTER PRIOR TO THE BOARD'S APPROVAL OF THE DAY'S CONSENT AGENDA, WHICH IS HEARD AT THE BEGINNING OF THE MEETING FOLLOWING THE PLEDGE OF ALLEGIANCE. ANYONE WISHING TO ADDRESS THE BOARD ON PUBLIC PETITION MUST SUBMIT THE REQUEST IN WRITING TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING. THE REQUEST SHALL PROVIDE DETAILED INFORMATION AS TO THE NATURE OF THE PETITION. THE PUBLIC PETITION MAY NOT INVOLVE A MATTER ON A FUTURE BOARD AGENDA AND MUST CONCERN A MATTER IN WHICH THE BOARD CAN TAKE ACTION. PUBLIC PETITIONS ARE LIMITED TO A SINGLE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES, UNLESS EXTENDED BY THE CHAIRMAN. SHOULD THE PETITION BE GRANTED, THE ITEM WILL BE PLACED ON A FUTURE AGENDA FOR A PUBLIC HEARING. ANYONE WISHING TO ADDRESS THE BOARD ON GENERAL TOPICS NOT ON THIS AGENDA OR A FUTURE AGENDA MUST REGISTER TO SPEAK PRIOR TO THE PUBLIC COMMENT PORTION OF THE AGENDA BEING CALLED BY THE CHAIRMAN. SPEAKERS WILL BE LIMITED TO THREE MINUTES, AND NO ADDITIONAL MINUTES MAY BE CEDED TO THE SPEAKER. AT THE CHAIRMAN'S DISCRETION, THE NUMBER OF PUBLIC SPEAKERS MAY BE LIMITED TO 5 FOR THAT MEETING. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. COLLIER COUNTY ORDINANCE NO.2003-53 AS AMENDED BY ORDINANCE 2004-05 AND 2007-249 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED Page 2 August 8, 2023 LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE FACILITIES MANAGEMENT DIVISION. L UNCH RECESS SCHED ULED FOR 12: 00 NOON TO 1: 00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Invocation by Pastor Tim Reed, Fairway Bible Church Invocation Given 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent agenda.) Motion to approve by Commissioner McDaniel; Seconded by Commissioner Kowal - Approved and/or Adopted w/ changes - 4/0 (Commissioner Saunders absent) B. July 11, 2023, Board Meeting Minutes Motion to Approve by Commissioner McDaniel; Seconded by Commissioner Hall - Approved - 4/0 (Commissioner Saunders absent) 3. AWARDS AND RECOGNITIONS A. EMPLOYEE B. ADVISORY BOARD MEMBERS C. RETIREES D. EMPLOYEE OF THE MONTH 4. PROCLAMATIONS 5. PRESENTATIONS A. Presentation of the 2023 Environmental Stewardship Award for Odor Control by the Air Quality Committee -Florida Water Environment Association. This award is given in recognition of having a comprehensive Page 3 August 8, 2023 strategy for odor control programs, providing good environmental stewardship within the community and with other stakeholders, reduction of pollutant levels and outlet pollutant levels, and the Utility being positioned as a good steward of financial and personnel resources. To be accepted by Robert Von Holle, Public Utilities Department Division Director Wastewater (All Districts) Presented 6. PUBLIC PETITIONS 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA A. Garrett Beyrent — Read his "Letter of the Day" to the Editor of Naples Daily News, dated May 6, 1999. We've got to do good thing's for our kids and grandchildren. 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS 10. BOARD OF COUNTY COMMISSIONERS 11. COUNTY MANAGER'S REPORT A. Recommendation to award Invitation to Bid ("ITB") No. 23-8114, "Carson Road Stormwater Treatment Area" to Quality Enterprises USA, Inc., in the amount of $5,865,783.20, authorize the necessary Budget Amendments, and authorize the Chairman to sign the attached Agreement. (Project No. 60143) (Trinity Scott, Department Head, Transportation Management Services) (District 5) Motion to approve by Commissioner McDaniel; Seconded by Commissioner Kowal - Approved 4/0 (Commissioner Saunders absent) B. Recommendation that the Board of County Commissioners, ex-officio the Governing Board of the Collier County Water -Sewer District, award Construction Invitation to Bid ("ITB") No. 23-8115, "Golden Gate City Transmission Water Main Improvements - Phase 113," to Metro Equipment Service, Inc., in the amount of $13,983,979.70, and authorize the Chairman Page 4 August 8, 2023 to sign the attached Agreement. (Projects #70253, #70243 & # 51029) (Matthew McLean, Public Utilities Engineering and Project Management Division Director) (District 3) Motion to approve by Commissioner Kowal; Seconded by Commissioner McDaniel - Approved 4/0 (Commissioner Saunders absent) C. Recommendation to authorize Budget Amendments for the Facilities Management Division in the amount of $490,000 realigning existing Division budget to support maintenance and repair requirements through the end of the fiscal year. (John McCormick, Interim Director, Facilities Management Division) (All Districts) Motion to approve by Commissioner McDaniel; Seconded by Commissioner Hall - Approved 4/0 (Commissioner Saunders absent) D. Recommendation to approve Budget Amendments to re -allocate Parks Capital Fund (3062) project dollars in the amount of $650,000 to Community Parks cost centers within the Unincorporated Area General Fund (1011) to support operations through the end of the fiscal year. (Jeff Weir, Director, Operations Support - Public Services Department) (All Districts) Motion to approve by Commissioner Hall; Seconded by Commissioner Kowal - Approved 4/0 (Commissioner Saunders absent) E. Recommendation to authorize Budget Amendments for Domestic Animal Services (DAS) utilizing $200,000 from DAS Donation Fund reserves and realigning existing Public Services Department operating budgets, in the amount of $450,000, to support DAS operating expense requirements through the end of the fiscal year. (Jeff Weir, Director, Operations Support - Public Services Department) (All Districts) Motion to approve by Commissioner Kowal; Seconded by Commissioner Hall - Approved 4/0 (Commissioner Saunders absent) F. Recommendation to hear a presentation regarding the FY 2024 unfunded request list and provide guidance as we move toward the September public budget hearings. (Chris Johnson, Director, Office of Management and Budget) (All Districts) Discussed and Approved as Presented Page 5 August 8, 2023 Moved from Item #16F4 (Per Agenda Change Sheet) G. Recommendation to approve and authorize the Chairman to execute Tourist Development Tax Grant Agreements for FY 2023-2024 Marketing Grants (Category B) ($74,648) and Non -County Owned/Operated Museums (Category C-2) ($750,000), approve grant award of funds in the amount of $824,648 for both programs contingent upon FY 2024 budget availability, and make a finding that these expenditures promote tourism. (All Districts) Motion to continue to a future meeting by Commissioner Hall; Seconded by Commissioner McDaniel - Approved 4/0 (Commissioner Saunders absent) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Public Comments on General Topics Not on The Current or Future Agenda by Individuals Not Already Heard During Previous Public Comments In This Meeting 1) Daniel Zegarac — Budget Amendments; Consent Agenda; Why are we paying invoices for 2022? Thank you to Commissioner Hall for bringing about a little different culture today. Culture is everything. B. Staff Project Updates C. Staff and Commission General Communications 1) County Manager Amy Patterson — Citizen's Property Insurance Corporation will hold office hours in Senator Passidomo's Office Page 6 August 8, 2023 on Tuesday, August 15t'', from 10 a.m. through 1 p.m., by appointment only, schedule an appointment by calling 239-417- 6205, Building F, Second Floor; Staff will be working with Commissioners Aides to hold a workshop in September to go over Project Management and Procurement processes. 2) Commissioner McDaniel — Budget amendments; Would like to see more solidification of how we manage the budget process; UFIR funding comments; It is imperative to have discussions to represent our community, assuring our taxpayers that we are making these expenditures with the best interest of our community at heart, making a team effort. 3) Commissioner Kowal — This is more for the public. We don't have the opportunity to talk with each other. It must be here in the Sunshine with you viewing it in a quorum. We do depend on a lot from staff. Just wanting the public to understand that. This is where we are going to hash this out. 4) Commissioner LoCastro — Also gets upset to see the one -line items in the Consent Agenda having to do with a budget amendment or amendment to a contract; Tax collector's office in Marco Island on Winterbury will be torn down and a new building will be built in its place. Due to the damage from Hurricane Ian, Tax Collector Office on Collier Blvd. near Walmart and 41 staff has been doubled. Tax Collector signed a letter of intent with an empty building on Marco, hoping to have that fully functional by Christmas and will remain open until the new building is built; Update on the Conservation Collier property's and when they are coming back to us; Marina contract update needed; TDC and Paradise Coast update needed; Impressive that every Commissioner was there for the Topping Ceremony with Great Wolf Lodge; Shout out to Marcy Perry, DAS Director, Thanks for all you do. ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the board, that item(s) will be removed from the consent agenda and considered separately. ------------------------------------------------------------------------------------------------------------ Approved and/or Adopted w/changes — 4/0 (Commissioner Saunders absent) Page 7 August 8, 2023 A. GROWTH MANAGEMENT DEPARTMENT 1) Recommendation to approve final acceptance of the potable water and sewer facilities and accept the conveyance of the potable water and sewer facilities for Euclid Estates, PL20220004699. (District 2) Inspection conducted by staff found these facilities satisfactory and acceptable on September 22, 2022 2) Recommendation to approve final acceptance of the potable water and sewer utility facilities for Kalea Bay Clubhouse Wellness & Tiki, PL20230008574. (District 2) Inspection conducted by staff found these facilities satisfactory and acceptable on June 20, 2023 3) Recommendation to approve final acceptance of the sewer utility facilities and accept the conveyance of a portion of the sewer facilities and appurtenant utility easement for Marea Luxury Apartments, PL20220007455. (District 4) Inspection conducted by staff found these facilities satisfactory and acceptable on March 8, 2023 4) Recommendation to approve final acceptance and accept the conveyance of the potable water and sewer utility facilities for Vanderbilt Reserve, PL20190001441, and authorize the County Manager, or designee, to release the Final Obligation Bond in the total amount of $4,000 to the Project Engineer or the Developer's designated agent. (District 3) Inspection conducted by staff found these facilities satisfactory and acceptable on June 22, 2023 5) This item requires that ex-parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the minor final plat Seven Shores — Phase 1, Application Number PL20230000721. (District 1) Located in Section 14, Township 50 South, Range 26 East 6) This item requires that ex-parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to Page 8 August 8, 2023 approve for recording the final plat of New Dasa, LLC, Plan Number 1 (Application Number PL20220000846) approval of the standard form Construction and Maintenance Agreement and approval of the performance security in the amount of $173,591. (District 4) Located in Section 22, Township 49 South, Range 25 East 7) Recommendation to approve the Conservation Collier Shell Island Preserve Addendum Management Plan 5-year update under the Conservation Collier Program. (All Districts) The Shell Island Preserve is 111.88+/-acres in the southern portion of Collier County 8) Recommendation to direct staff to advertise an ordinance amending Ordinance 2022-42, which established Milestone Inspections of aging condominium and cooperative buildings in unincorporated Collier County and bring back the ordinance at an advertised public hearing. (All Districts) B. TRANSPORTATION MANAGEMENT DEPARTMENT 1) Recommendation to award Invitation to Bid ("ITB") No. 23-8118, "Mulch and Installation Services," to Superior Landscaping & Lawn Service Inc., Southeast Spreading Company, LLC, and Forestry Resources, LLC d/b/a The Mulch and Soil Company, as the primary, secondary, and where applicable tertiary vendors as set forth herein, and authorize the Chairman to sign the attached Agreements. (Estimated annual spend $1,380,000 Landscape Fund 112). (All Districts) 2) Recommendation that the Board approves and authorizes the Chairman to sign a Collier County Landscape Maintenance Agreement ("Agreement") between Collier County and GS Naples Owner, LLC, a Delaware Limited Liability Corporation, for landscape, irrigation, and concrete paver improvements within the Whitaker Road public right-of-way. (District 1) 3) Recommendation that the Board of County Commissioners approve the Florida Department of Environmental Protection (FDEP) Consent Order OGC Case No. 23-0738 to reach settlement of matters Page 9 August 8, 2023 associated with a stormwater ASR well (Class V) at Freedom Park. (District 4) 4) Recommendation to approve the submittal of the FY23 Program of Projects grant application to the Federal Transit Administration 49 U.S.C. § 5307/5339 FY23 for grant funds to support the transit system capital and operating costs in the amount of $4,974,431 through the Transit Award Management System, accept the award, and authorize any necessary Budget Amendments. (All Districts) As detailed in the Executive Summary C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation to increase Purchase Order No. 4500216574 issued to Johnson Engineering, Inc., in the amount of $1,272,246.06 for the "Old Lely Utilities Improvements" project, Task 2 plus full Public Involvement for all design phases under Agreement No. 21-7881, which amount is within the Board's previously approved not to exceed contract amount and authorize the necessary Budget Amendments (Project #60224). (District 1) D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to approve and authorize the Chairman to sign the First Amendment between Collier County and the Collier County Housing Authority, Community Development Block Grant Agreement CD22-01 to increase the amount of the agreement from $500,000 to $535,422.98, for a net change of $35,422.98. (Grant Fund 1835). (All Districts) 2) Recommendation to approve an after -the -fact contract Amendment between the Area Agency on Aging for Southwest Florida, Inc., and Collier County Services for Seniors Emergency Home Energy Assistance Program FY23 funds to replace Attachments XIII-Invoice Report Schedule, XIV-Income Guidelines, XV-Payment Matrix, and XVII-EHEAP Application effective July 1, 2023. (Human Services Grant Fund 1837). (All Districts) As detailed in the Executive Summary Page 10 August 8, 2023 3) Recommendation to approve an after -the -fact amendment between the Area Agency on Aging for Southwest Florida, Inc., American Rescue Plan Act funding under the Home -Based Community Services - Enhanced Home Care for the Elderly grant program for the Collier County Services for Seniors Program with revision to amend the term of the contract, update Table 1 Deliverable Requirements, Table 2 Delivery Schedule, and Table 3 Payment Schedule. (Human Service Grant Fund 1837). (All Districts) As detailed in the Executive Summary 4) Recommendation to authorize a Budget Amendment recognizing Park and Recreation insurance claim #5004092111326 proceeds in the amount of $12,990.04 within Park's Capital Fund (3062), Project #80371. (District 1) 5) Recommendation to approve after -the -fact agreements and attestation statements with the Area Agency on Aging for Southwest Florida, Inc., Community Care for the Elderly, Alzheimer's Disease Initiative, and Home Care for the Elderly grant programs for Collier County's Services for Seniors Program and authorize a Budget Amendments in the amount of $358,153 to ensure continuous funding for FY2023/2024. (Human Service Grant Fund 1837). (All Districts) 6) Recommendation to award Invitation to Bid ("ITB") No. 23-8094, "Supply of Sand, Stone, and Clay for Parks Facilities," to MJS Golf Services, LLC, and authorize staff to open a standard County Purchase Order based on the unit prices provided by the low bidder. (All Districts) 7) Recommendation to approve and authorize the Chairman to sign the submittal of a five-year Sovereignty Submerged Lands Lease Renewal with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida at Caxambas Park with an effective date of April 6, 2023. (District 1) E. CORPORATE BUSINESS OPERATIONS 1) Recommendation to approve modifications to the 2023 Fiscal Year Pay & Classification Plan which consist of two new classifications Page 11 August 8, 2023 and the removal of one obsolete classification made from April 1, 2023, through June 30, 2023. (All Districts) 2) Recommendation to ratify Property, Casualty, Workers' Compensation and Subrogation claim files settled and/or closed by the Risk Management Division Director pursuant to Resolution # 2004-15 for the third quarter of FY 23. (All Districts) F. COUNTY MANAGER OPERATIONS 1) Recommendation to adopt a Resolution approving amendments (appropriating grants, donations, contributions, or insurance proceeds) to the Fiscal Year 2022-23 Adopted Budget. (The Budget Amendments in the attached Resolution have been reviewed and approved by the Board of County Commissioners via separate Executive Summaries.) (All Districts) Resolution 2023-141 2) Recommendation to award Request for Proposal ("RFP") No. 23- 8129, "Management Services for Pelican Bay Services Division," to Dorrill Management Group, Inc., and authorize the Chairman to sign the attached agreement. (District 2) 3) Recommendation to approve a Lease Agreement between Collier County and Bigi & Bigi, LLC, for office space at Court Plaza to be utilized by the Community and Human Services Division for the housing assistance programs. (All Districts) Moved to Item #11G (Per Agenda Change Sheet) 4) Recommendation to approve and authorize the Chairman to execute Tourist Development Tax Grant Agreements for FY 2023-2024 Marketing Grants (Category B) ($74,648) and non -County Owned/Operated Museums (Category C-2) ($750,000), approve grant award of funds in the amount of $824,648 for both programs contingent upon FY 2024 budget availability, and make a finding that these expenditures promote tourism. (All Districts) 5) Recommendation to recognize and appropriate revenue to Facilities Management Division cost centers in the amount of $47,228 for Fiscal Page 12 August 8, 2023 Year 2023 and authorize all necessary Budget Amendments. (All Districts) G. AIRPORT AUTHORITY 1) Recommendation to award Construction Invitation to Bid (ITB) No. 23-8128, Fuel Farm Facility Upgrades at Marco Island Executive Airport ("MKY") and Immokalee Regional Airport ("IMM"), to American Environmental Aviation, Inc., in the amount of $105,131.81, and authorize the Chairman to sign the attached Agreement. (District 1, District 5) H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to approve an Interlocal Agreement for Election Services for the November 28, 2023, City of Everglades City General Election. (District 5) 2) Recommendation to approve the use of $1,000 from the Confiscated Trust Funds to support the Florida Crime Prevention Association Conference. (All Districts) 3) To record in the minutes of the Board of County Commissioners, the check number (or other payment method), amount, payee, and purpose for which the referenced disbursements were drawn for the periods between July 13, 2023, and July 26, 2023, pursuant to Florida Statute 136.06. (All Districts) 4) Request that the Board approve and determine valid public purpose for invoices payable and purchasing card transactions as of August 2, 2023. (All Districts) K. COUNTY ATTORNEY 1) Recommendation to nominate and appoint an at -large member to the County Government Productivity Committee. (All Districts) Page 13 August 8, 2023 Resolution 2023-142 2) Recommendation to authorize application for tax deeds for five (5) County -held tax certificates and the forwarding of a written notice to proceed with tax deed applications to the Tax Collector. (All Districts) 3) Recommendation to appoint a member to the Tourist Development Council. (District 5) Resolution 2023-143 L. COMMUNITY REDEVELOPMENT AGENCY ------------------------------------------------------------------------------------------------------------ 17. SUMMARY AGENDA - This section is for advertised public hearings and must meet the following criteria: 1) A recommendation for approval from staff; 2) Unanimous recommendation for approval by the collier county planning commission or other authorizing agencies of all members present and voting; 3) No written or oral objections to the item received by staff, the collier county planning commission, other authorizing agencies or the board, prior to the commencement of the bcc meeting on which the items are scheduled to be heard; and 4) No individuals are registered to speak in opposition to the item. For those items which are quasi-judicial in nature, all participants must be sworn in. ------------------------------------------------------------------------------------------------------------ Adopted - 4/0 (Commissioner Saunders absent) 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 14 August 8, 2023